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HomeMy WebLinkAbout109-86 A J CITY COUNCIL RESOLUTION NO. 109-86 A RESOLUTION OF THE DANVILLE CITY COUNCIL CERTIFYING REVIEW AND CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT, MAKING FINDINGS WITH RESPECT TO SIGNIFICANT IMPACTS, AND ESTABLISHING MITIGATION MEASURES FOR REZONING OF THE WARMINGTON/RASSIER SITE FROM THE A-2 TO THE P-1 ZONE DISTRICT (PUD 85-4) WHEREAS, an environmental impact report (the "EIR") for Warmington/Rassier Project (the "Project") was prepared by the City of Danville (the "City") pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 e.t seq., and the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Adm. Code Sections 15000 et. seq., hereafter the ("State EIR Guidelines"); and WHEREAS, on October 8, 1985, the City forwarded the Draft Environmental Impact Report to the State Clearinghouse for distribution to those agencies which have jurisdiction by law with respect to the Project, and other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, notice of the completion of the Draft EIR was mailed to all interested persons and agencies and was published in the Valley Times on October 15, 1985; and WHEREAS, the Draft Environmental Impact Report was thereafter reviewed and supplemented to adopt changes suggested, to incorporate comments received, and the City's response to said comments, and as so revised and supplemented, a Final Environmental Impact Report was submitted to the City Council of the City of Danville; and WHEREAS, the Planning Commission held a duly noticed public hearing on the Draft EIR on November 12, 1985, and all persons expressing a desire to comment thereon or object thereto having been heard; and WHEREAS, the Planning Commission on January 13, 1986 and March 10, 1986 considered the Final EIR, which includes the Draft EIR and the Revised Responses to Comments document, and recommended to the City Council that the Final EIR be certified; and WHEREAS, the City Council on November 17, 1986 considered the Final EIR including all comments received and the response thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DANVILLE that: A. The City hereby finds and certifies that the Final EIR has been completed in compliance with the California Environmental Quality Act, as amended ("CEQA"), and the State EIR Guidelines, and that the City has reviewed and considered the information contained in the Final EIR prior to making a decision on the Project. B. In accordance with Section 15091 of the State EIR Guidelines, the City finds that the project will have the following significant impacts and makes findings regarding their mitigation to acceptable levels: 1. Geology and Topography a. Impacts i 1. Proposed grading on the southwest limb of the Tassajara syncline would increase the potential for slope instability in the area. ii. Grading of the site resulting in exposed soil and cut slopes would increase erosion hazards. iii. Proposed cut and fill operations in the four slide areas identified as sections A through D on page 16 of the DEIR would result in significant changes in the stability of the affected slopes. iv. Ground water saturation of geologic material would reduce stability of surface deposits in areas that receive fill, especially gullies, swales, and steep slopes. Va Settlement of fill due to consolidation of fill material could result in damage to foundations and structures. b. Mitigation measures: i 1. Mitigation measures contained on pages 19 and 20 of the Draft EIR are hereby incorporated as conditions of project approval except as modified below. ii. The City finds that changes in project design have addressed a portion of the mitigation measures cited above. These mitigation measures are deemed to have been satisfied through adoption of this resolution, specifically referencing proposed mitigation measures 1,2, and 3. · iii. Mitigation measure # 5 contained on page 26 of the Revised Responses to Comments document (comment #86) is hereby incorporated as a condition at project approval. Drainage a. Impacts i. Bank erosion could damage properties located too close to streams. ii. Storm runoff could cause sediment related problems resulting in blockage of flood control works as well as cosmetic damage to residential areas. iii. Water quality may be adversely affected by suspended sediment caused by runoff· b. Mitigation measures: i· Mitigation measures contained on pages 23 and 24 of the Draft EIR and on page 1 of the Revised Response to Comments document (comment 1) are hereby incorporated as conditions of project approval except as modified below. ii. Mitigation measure #3 in page 23 of the Draft EIR is revised to state that grading operations should be completed prior to October 15 rather than prior to the start of the rainy season. iii. Mitigation measure #7 contained on page 24 of the Draft EIR is amended to include the additional language contained in page 6 of the Revised Response to Comments document (comment #18). iv. The mitigation measure contained on page 27 of the Revised Response to Comments document (comment #88) is hereby incorporated as a condition at project approval. 3. Vegetating and Wildlife a. Impacts: i· Removal of oak trees and snags within the development portion of the site would eliminate a source of food, perch sites and nest sites for species associated with oak savannah and riparian woodland. ii. The existing stream bed would be altered resulting in the loss of oak and willow trees within the natural channel· iii. Wildlife associated with the riparian habitat would be largely eliminated. iv. Trees to be preserved in open space areas may sustain damage form grading operations. b. Mitigation measures: io Mitigation measures contained on pages 30 and 32 of the Draft EIR are hereby incorporated as conditions of project approval except as modified below: ii. The City finds that Mitigation measure # 9 stated a page 32 of the DEIR is not appropriate due to changes in project design that lessen or eliminate the potential impact for which mitigation was recommended. iii. Mitigation measure #5 on page 32 of the Draft EIR revised to read: "A buffer zone averaging 50 feet wide should be ..." iv. The mitigation measure contained on page 26 of the Revised Response to Comments document (comment #86) is hereby incorporated as a condition at project approval. 4. Climate and Air quality: a. Impacts i. Normal construction activities will result in an increase in dust and suspended particles in the project area. ii. Vehicle use in the development will add to ozone and carbon monoxide levels in the immediate area. be Mitigation Measures: Mitigation measures contained on page 37 of the Draft EIR are hereby incorporated as conditions of project approval. . Noise: a. Impacts: ie Traffic noise generated by the development on adjacent roads would not exceed standard acceptable levels. ii. Residences along E1 Ca, on, McCauley Road and Redondo Way would be disturbed by increased noise levels due to construction activities and use of heavy equipment. be Mitigation Measures: The mitigation measure contained on pages 40 of the Draft EIR is hereby incorporated as a condition of project approval. 6. Visual Quality: a. Impacts: i. Views of the project site would change from undeveloped hillsides and valley bottom to a residential subdivision. ii. The predominant two story nature of the proposed homes would contrast with the predominately one story homes in the existing subdivision. iii. The project will appear more dense than the surrounding subdivision due to the majority of the homes having two stories, and due to the inclusion of the patio homes. be Mitigation measures: Mitigation measures contained on pages 52 and 53 of the Draft EIR are hereby incorporated as conditions of project approval. 7. Traffic and Circulation a. Impacts: i. Project traffic would increase the need for signals at Diablo Road/Camino Tassajara, Diablo Road/Green Valley Road and Diablo Road/E1 Cerro Boulevard intersections. ii. The increase in traffic due to development would pose safety problems to elementary school students using E1 Ca, on Drive, McCauley Road and Diablo Road. iii. Site distances from driveways on proposed lots #74-76 located on "A" Drive could be limited. iv. The large number of intersections along "A" Drive could pose safety hazards due to traffic conflicts between turning vehicles and through traffic. Vo The proposed 40 foot width of "A" Drive would not be adequate if parking were allowed on both sides of the street. vi. The increase in traffic due to development would contribute to the deterioration of level of service on the following street segments: o E1 Cerro Blvd. between 1-680 and Diablo Rd. o Diablo Road between Camino Tassajara and E1 Cerro Blvd. o Diablo Road between E1 Cerro Blvd. and Green Valley Rd. b. Mitigation measures: i. Mitigation measures contained on pages 61 through 63 of the Draft EIR are hereby incorporated as conditions of project approval except as modified or supplemented below. ii. The City finds that extension of E1 Cajon Drive to intersect with McCauley Road would be disruptive to the existing residential neighborhood and that preventing such disruption outweighs the advantage of extending the street. iii. As a result of E1 Cajon Drive not being extended to intersect with McCauley Road, McCauley Road should be improved as a full two way street including parking, pedestrian, bicycle and landscaping improvements as determined by the City. iv. The project sponsor should contribute their share as determined by the City toward capacity related improvements along the following roadway segments: o Diablo Road between Camino Tassajara and E1 Cerro Boulevard. o E1 Cerro Boulevard between 1-650 and Diablo Road. v. The project sponsor should be required to post a bond with the City for street repair and maintenance during project development. vi. Mitigation measure #5 on page 62 of the Draft EIR is amended to read, "Bicycle lanes and sidewalks should be provided along McCauley Road through the site and extending to Diablo Road to minimize potential safety problems". vii. Mitigation measure #7 on page 62 of the Draft EIR is revised to read, "Orientation of driveways for proposed lots 74-76 should take into account limited sight distances created by the curve at 'A' Drive in that location. viii. The mitigation measure contained on page 27 of the Revised Response to Comments document (comment #89) is hereby incorporated as a condition of project approval. 8. Water Service a. Impacts: Development of the project would require service from the Danville Pressure Zone for lots below 450 feet elevation, and Diablo Pressure Zone for lots between 450 and 650 feet in elevation. Water service to lots in the Diablo Pressure Zone is contingent on expansion in capacity of the water storage and distribution system. bw Mitigation measures: Mitigation measures contained on page 65 of the Draft EIR are hereby incorporated as condition at project approval. 9. Wastewater Collection and Treatment: a. Impacts: i. Development of the project would necessitate the treatment of additional wastewater by the Pacheco Sewage Plant, totalling approximately .25 percent of its present capacity. f be ii. Depending on which of two adjacent trunk sewers is utilized by the project enlargement of certain sections may be required. Mitigation measures: Mitigation measures contained on page 66 of the Draft EIR and on page 3 of the Revised Response to Comments document (comment #9) are hereby incorporated as conditions at project approval. 10. Fire Service: a. Impacts be a. be 11. ae 12. b. i. Existing equipment and manpower levels are sufficient to service the proposed project. ii. Proposed project location in a dry grass area raised concern about fire danger. Mitigation measures: Mitigation measures contained on pages 68 and 69 of the Draft EIR and on page 27 of the Revised Response to Comments document (comment #87) are hereby incorporated as conditions at project approval. Police Services Impacts: i. The project would not have a direct impact on police manpower or equipment requirements. ii. Increases in theft and vandalism is expected on the project site during the construction period. Mitigation measure: The mitigation measure contained on page 67 of the Draft EIR is hereby incorporated as a condition of project approval. Schools: Impacts: The estimated increase in school age children will cause additional pressure on the adjacent schools which are near or over-capacity now. Mitigation measures: i. The City finds that adoption of the mitigation measure contained on page 70 of the Draft EIR is not appropriate due to the specific nature of the mitigation measure, and due to uncertainty which currently exists statewide with regard to financing of permanent school facilities. /~/~ ii. In lieu of the mitigation measure recommended in the Draft EIR, the project sponsor should be required to pay impact fees to the San Ramon Valley Unified School District in an amount determined by the School District to offset the projects impact on existing school facilities and/or to fund the construction of additional schools if needed· 13. No significant environmental impacts were identified, and consequently no mitigation measures are recommended for Gas and Electric Service, Telephone Services, and Solid Waste Disposal· C. Due to potential impacts identified in the EIR and concerns expressed during the public hearings of the Planning Commission with regard to the project design, certain changes have been made in the proposed project design· These changes serve to satisfy a portion of the mitigation measures specified in paragraph B of this resolution and to lessen environmental impacts identified in the EIR. The City finds as follows with regard to the various changes: l· Visual quality of the project will be enhanced due to a reduction in the height and extent of graded slopes throughout the development· · The creek and its riparian area will be enhanced by removing proposed lots from close proximity to its banks through a larger portion of the creek. A greater portion of the creek will be left in its current alignment accompanied by creek enhancement improvements· · Areas identified in the EIR as geologically unstable have been avoided and others have been redesigned to better respond to the geologic conditions· · The patio home area has been removed from the front portion of the site adjacent to the creek and has been relocated to a portion of the site further removed from the existing residential subdivision. In order to create the necessary area for development of the patio home neighborhood, the grading plan was modified resulting in a significant cut and fill area in the north central portion of the site. Potential impacts associated with this grading are as follows: ae Modification of the existing land from through both cut and fill may result in geologic instability in the area. be Creation of an area of development in the lower portion of a valley may result in drainage impacts associated with upstream drainage and runoff from the adjacent slopes· C. The extent of the cut slope proposed may result in visual quality impacts resulting from the height and engineered appearance of the graded area. Mitigation measures cited in previous paragraphs of this resolution apply to these impacts and will result in their reduction to acceptable levels. D. Pursuant to Section 15091 of the State EIR Guidelines, the City finds that implementation of the project will have the following significant impacts which are unavoidable: l· Permanent loss of open space, wildlife habitat value and native vegetation. · Deterioration of traffic conditions due to cumulative increases in traffic volumes· · Cumulative degradation of air quality and increased noise levels in Danville due to cumulative traffic volumes. · Short term effects such as the generation of dust and increased noise levels due to construction activities· · Temporary increase in stream sediment loads and creation of a permanent source for urban pollutants in surface runoff· Pursuant to Section 15093 of the State EIR Guidelines, the City finds as follows regarding the significant unavoidable environmental impacts: ~ The permanent loss of open space, wildlife habitat value and native vegetation is allowed to occur due to the fact that only 66 acres of the site is proposed for development with the remaining 242 acres to be maintained in permanent open space· Included in the permanent open space is a major ridgeline which is a major geographic feature visible throughout the region. · Cumulative deterioration of traffic conditions in the region is allowed to occur due to satisfaction of a portion of the regions housing needs, and due to conditions of development approval which require improvement of streets which serve the project, located primarily off-site, extending to 1-680. D· · Cumulative and short term effects related to degradation of air quality, increased noise levels, generation of dust due to construction activity, and temporary increases of stream sediment loads are allowed to occur due to the designation of the property for development since prior to incorporation of the City, the existence of developed properties immediately adjacent to the project and due to beneficial impacts resulting from the project related to traffic improvements to be funded by the project sponsor, preservation of a substantial portion of the site in open space, and the provision of housing for the community. Upon approval of the Project by the City Council, the City Clerk is hereby directed to file a Notice of Determination with the County Clerk of Contra Costa County pursuant to the provisions of Section 21152 of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto· PASSES AND ADOPTED this following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: Councilmembers: 17th day of November, 1986 by the Kennett, Lane, McNeely, Offenhartz, Schlendorf None None None Mayor ATTEST: Clerk